United States Fidelity & Guaranty Co. v. White

Citations

• 106 Miss. 28
• 63 So. 329

Syllabus

<p>1. Principal and Surety. Actions ~by surety. Sufficiency of evidence. Cost. Transcript. Rule 2, supreme court.</p> <p>In a suit hy a surety against an employee for money paid the employer on account of the default of the employee, under the facts as shown in the record a peremptory instruction should not have been given for the defendant.</p> <p>2. Cost. Transcript. Contents. Rule 2 of the supreme court.</p> <p>Under Hule 2 of the supreme court providing that “a transcript shall not contain any part of the case except the pleadings, evidence, instructions, bills of exceptions and the order, judgment, or decree appealed from, unless the appellant shall, by writing, request other matters specified, to be embraced in the transcript, a copy of which request shall be annexed to the transcript,” a clerk who incorporates other matter in the record in violation of said rule will not be allowed cost for such transcript.</p>